FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / draft-proposed-judgment-restitution-order.docx
draft-proposed-judgment-restitution-order.docx
1035-00001 · 22 clauses
High · 2 Medium · 7 Standard · 5
I. DEFENDANT INFORMATION
I. DEFENDANT INFORMATION The Court has before it the Defendant, Marguerite Delphine Fonseca, who was found guilty by a jury on September 18, 2025, as to each of the seven counts charged in the Second Superseding Indictment. The following information pertains to the Defendant: Full Name: Marguerite Delphine Fonseca Date of Birth: March 8, 1974 (age 52 as of the date of filing) Residence: 1847 Mulholland Terrace, Los A
II. COUNTS OF CONVICTION High
⚑ Penalty / liquidated damages
II. COUNTS OF CONVICTION The Defendant was convicted by jury verdict on September 18, 2025, following an eleven-day trial before this Court, on the following counts of the Second Superseding Indictment: Count 1: Conspiracy to Commit Wire Fraud Statute: 18 U.S.C. § 1349 (conspiracy to commit wire fraud in violation of 18 U.S.C. § 1343) Date of Offense: From on or about January 2018 through on or about December 2022 Da
III. SENTENCING GUIDELINE CALCULATIONS (AS PROPOSED BY DEFENDANT)
III. SENTENCING GUIDELINE CALCULATIONS (AS PROPOSED BY DEFENDANT) The following sentencing guideline calculations represent the Defendant's position and are submitted for the Court's consideration. The Defendant's objections to the PSR's calculations are set forth in the Defendant's Sentencing Memorandum filed on February 7, 2026, and are incorporated herein by reference. The Defendant respectfully requests that the
1. Loss Enhancement — U.S.S.G. § 2B1.1(b)(1) Standard
⚑ Commercial term
1. Loss Enhancement — U.S.S.G. § 2B1.1(b)(1) Defendant's Position: +16 levels (loss amount more than $6,500,000 but not more than $9,500,000) The Defendant contends that the appropriate intended loss amount is $8,300,000.00. This figure is derived as follows: The PSR calculates the total intended loss at $14,700,000, relying primarily on the Government's loss calculations as presented through the testimony of FBI for
2. Number of Victims — U.S.S.G. § 2B1.1(b)(2)(A)(i)
2. Number of Victims — U.S.S.G. § 2B1.1(b)(2)(A)(i) Enhancement: +2 levels (10 or more but fewer than 50 victims) The Defendant does not object to this enhancement. The record establishes that the scheme involved at least ten identifiable victims, including the five individual investors identified in the PSR, the institutional investors Brindoval Investors Group LP and Lakeshore Capital Partners LLC (and their respec
3. Abuse of Position of Trust — U.S.S.G. § 3B1.3
3. Abuse of Position of Trust — U.S.S.G. § 3B1.3 Enhancement: +2 levels The Defendant does not object to this enhancement. The Defendant served as Founder, Chief Executive Officer, and sole director of Aurelia Pictures, Inc. and occupied a position of trust with respect to both the institutional and individual investors. The Defendant's position afforded her access to the investors' funds and enabled her to divert th
4. Sophisticated Means — U.S.S.G. § 2B1.1(b)(10)(C)
4. Sophisticated Means — U.S.S.G. § 2B1.1(b)(10)(C) Defendant's Position: +0 levels (enhancement should not apply) The Defendant objects to the application of the sophisticated means enhancement. The PSR recommends a +2 level enhancement under U.S.S.G. § 2B1.1(b)(10)(C), asserting that the Defendant employed sophisticated means to execute or conceal the fraud. The Defendant submits that this enhancement is not warran
5. Acceptance of Responsibility — U.S.S.G. § 3E1.1
5. Acceptance of Responsibility — U.S.S.G. § 3E1.1 Not Applied. The Defendant proceeded to trial and was convicted by jury verdict. The Defendant is not entitled to a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. D. Summary of Offense Level Calculation E. Criminal History Category Criminal History Category: I The Defendant has no prior criminal history. The Defendant has no prior convictions, no
IV. PROPOSED SENTENCE
IV. PROPOSED SENTENCE The Defendant respectfully proposes the following sentence for the Court's consideration. The bases for the proposed sentence are set forth in detail in the Defendant's Sentencing Memorandum filed on February 7, 2026, and in the supplemental materials submitted therewith, including letters of support from family members, colleagues, and community leaders, as well as the report of the Defendant's
1. Mandatory Conditions of Supervised Release Medium
⚑ Forum / governing law
1. Mandatory Conditions of Supervised Release The Defendant shall comply with the following mandatory conditions of supervised release, as required by 18 U.S.C. § 3583(d) and applicable law: (a) The Defendant shall not commit another federal, state, or local crime during the term of supervised release. (b) The Defendant shall not unlawfully possess a controlled substance. (c) The Defendant shall cooperate in the coll
2. Standard Conditions of Supervised Release Medium
⚑ Liability cap to check against exposure
2. Standard Conditions of Supervised Release The Defendant shall comply with the standard conditions of supervised release as set forth in the judgment form and as adopted by the United States District Court for the Central District of California, including but not limited to the following: (a) The Defendant shall report to the probation office in the district to which the Defendant is released within seventy-two (72
3. Special Conditions of Supervised Release High
⚑ Non-compete / exclusivity restraint
3. Special Conditions of Supervised Release In addition to the mandatory and standard conditions set forth above, the Defendant shall comply with the following special conditions of supervised release: Special Condition 1 — Mental Health Treatment: The Defendant shall participate in and successfully complete a mental health treatment program as directed by the probation officer. This shall include continued psychiatr
V. ORDER OF RESTITUTION Medium
⚑ Liability cap to check against exposure
V. ORDER OF RESTITUTION A. Statutory Basis Restitution in this case is mandatory pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A, which requires the imposition of restitution for offenses committed in violation of Title 18 of the United States Code that involve fraud or deception and that result in an identifiable victim who suffers a physical injury or pecuniary loss. The offenses of co
1. Immediate Lump-Sum Payment Standard
⚑ Commercial term
1. Immediate Lump-Sum Payment Within thirty (30) days of the entry of this Judgment, the Defendant shall make an initial lump-sum restitution payment in the total amount of Three Hundred Twenty-Nine Thousand Dollars ($329,000.00), consisting of: (a) $287,000.00 from the Defendant's frozen savings and brokerage accounts, which are currently subject to government seizure and/or freeze orders entered in connection with
2. Monthly Installment Payments During Imprisonment Medium
⚑ Liability cap to check against exposure
2. Monthly Installment Payments During Imprisonment During the term of imprisonment, the Defendant shall make monthly installment payments toward the restitution obligation from any income received, including but not limited to any funds received from employment through the Bureau of Prisons Inmate Financial Responsibility Program ("IFRP"), at a rate to be determined by the Bureau of Prisons consistent with BOP polic
3. Monthly Installment Payments During Supervised Release Standard
⚑ Commercial term
3. Monthly Installment Payments During Supervised Release During the term of supervised release, the Defendant shall make monthly restitution payments in an amount to be determined by the probation officer based on the Defendant's income and financial resources, but in no event less than Two Thousand Five Hundred Dollars ($2,500.00) per month, payable on the first business day of each calendar month. The first monthl
4. Additional Payments Medium
⚑ Liability cap to check against exposure
4. Additional Payments In addition to the scheduled payments set forth above, the following additional payment obligations apply: (a) Receivership Distributions. Any proceeds received by the Defendant from the receivership of Aurelia Pictures, Inc. (Los Angeles County Superior Court, Case No. 25STCV08312, receiver: Nathaniel W. Prescott, Ridgeway Advisory Group LLC), including any distribution on account of the Defen
5. Interest. Pursuant to 18 U.S.C. § 3612(f), unless the Court specifically finds that th Standard
⚑ Commercial term
5. Interest. Pursuant to 18 U.S.C. § 3612(f), unless the Court specifically finds that the Defendant does not have the ability to pay interest, interest shall accrue on the unpaid balance of the restitution obligation at the rate established by 28 U.S.C. § 1961 (i.e., the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar we
6. Duration. The restitution obligation shall remain in effect and enforceable until paid Medium
⚑ Notice / time limit to track
6. Duration. The restitution obligation shall remain in effect and enforceable until paid in full, notwithstanding the expiration of the term of supervised release, pursuant to 18 U.S.C. § 3613(a). The restitution order is a lien in favor of the United States on all property and rights to property of the Defendant, as provided by 18 U.S.C. § 3613(c). The lien arises on the date of the entry of judgment and continues
VI. DEFENDANT'S RIGHT TO APPEAL Medium
⚑ Notice / time limit to track
VI. DEFENDANT'S RIGHT TO APPEAL The Defendant is advised that she has the right to appeal the conviction and/or sentence pursuant to 18 U.S.C. § 3742. Under 18 U.S.C. § 3742(a), a defendant may file a notice of appeal of a sentence that: (1) was imposed in violation of law; (2) was imposed as a result of an incorrect application of the sentencing guidelines; (3) is greater than the sentence specified in the applicabl
VII. ORDER
VII. ORDER The Court, having considered the Presentence Investigation Report, the Defendant's Sentencing Memorandum, the Government's Sentencing Memorandum, the arguments of counsel, the allocution of the Defendant, and the statements of the victims, and having considered the factors set forth in 18 U.S.C. § 3553(a), hereby enters the following Judgment in a Criminal Case and Order of Restitution as set forth herein.
VIII. CERTIFICATE OF SERVICE Standard
⚑ Commercial term
VIII. CERTIFICATE OF SERVICE I, Conrad Ashby, hereby certify that on February 14, 2026, I caused a true and correct copy of the foregoing Defendant's Proposed Judgment in a Criminal Case and Order of Restitution to be served upon the following persons and entities by the methods indicated below: Via Electronic Case Filing (ECF): Brenda K. Tillotson, Assistant United States Attorney Derek R. Huang, Assistant United St